Archive for August, 2017
Unless Raus could defend as “unprecedented but constitutional” his re-appointment as Chief Justice in August 2020 for another three years using the unconstitutional backdoor of “additional judge”, how could he justify his present re-appointment?
Posted by Kit in Constitution, Judiciary on Tuesday, 8 August 2017
Yesterday, I asked “Chief Justice” Tan Sri Md Raus Sharif a specific question: “Would it be constitutional and proper for Raus to continue to be appointed as ‘additional judge’ in August 2020 to extend his tenure as Chief Justice for another three years?”
Raus has yet to answer. I await his answer. But I want to ask him a further question:
“Unless Raus could defend as ‘unprecedented but constitutional’ his re-appointment as Chief Justice in August 2020 for another three years using the unconstitutional backdoor of ‘additional judge’, how could he justify his present re-appointment?” Read the rest of this entry »
Would it be constitutional and proper for Raus to continue to be appointed as “additional judge” in August 2020 to extend his tenure as Chief Justice for another three years?
Posted by Kit in Constitution, Judiciary on Monday, 7 August 2017
In reply to the question whether he should have declined re-appointment as Chief Justice under circumstances where the weight of legal and informed opinion are quite united in regarding it as unconstitutional, Tan Sri Md Raus Sharif said the issue does not arise.
He said: “Why should I decline? Because the government is of the view that the government needs our services…so they went through the process.”
Raus cannot be more wrong, as he knows that his claim that his re-appointment as Chief Justice is constitutional though unprecedented is open to challenge.
A chief justice of a country should not act like a “cantakerous litigant” arguing over every possible point of law, however far-fetched or ridiculous. Read the rest of this entry »
Why the tape recording of the Mahathir-Zahid meeting in 2015 has yet to be publicly played?
With the velocity of the Mahathir-Zahid spat showing no let-up, but increasing in intensity with each passing day in the past week since it was triggered by the Deputy Prime Minister and Acting UMNO Deputy President, Datuk Seri Zahid Hamidi, an UMNO Johore State Assemblyman, Tengku Putra Haron Aminurrashid Jumat has warned against playing “strip poker” with Dr. Mahathir Mohamad.
I do not know what is this UMNO “strip poker” but as is customary wont in UMNO politics nowadays, the DAP is always accused of either masterminding or capitalizing from these UMNO-related political gymnastics or acrobatics. Read the rest of this entry »
The revelation by former Chief Justice Tun Zaki that extension of Raus’ tenure as Chief Justice was made without recommendation of Judicial Appointments Commission (JAC) makes the extension not only unconstitutional and unprecedented but most improper
Posted by Kit in Constitution, Judiciary on Sunday, 6 August 2017
The newly-reappointed Chief Justice Tan Sri Md Raus Sharif has conceded that his reappointment is “unprecedented” but said that it is still constitutional.
However, he left the final decision on the constitutionality of his position to the court.
This is indeed doubly unprecedented – leaving the country with a Chief Justice who is believed by the Malaysian Bar through a emergency EGM and many jurists, including many serving and former top judges in the land, unconstitutionally occupying the top judicial post in the land for the next three years.
Surely, there can be no greater blow to the independence, impartiality and professionalism of the judiciary than for the country to have a judiciary which is headed by a person for next three years enmeshed in a controversy about the constitutionality of his extension of office?
A top judicial officer who cherishes unquestioned respect for the rule of law and unblemished standing of the judiciary not only in the eyes of the bench and bar but the Malaysian populace would want to spare the judiciary from the agony of a controversy lasting for the next three years over the constitutionality of the extension of the Chief Justice of the land.
The revelation by former Chief Justice Tun Zaki Tun Azmi in an article in New Straits Times yesterday that Raus’ extension as Chief Justice was made without recommendation of the Judicial Appointments Commission (JAC) has made Raus’ reappointment as Chief Justice not only unconstitutional and unprecedented, but even most improper. Read the rest of this entry »
Call on voters in Pagoh and the rural areas to emulate the example of Muhyiddin to speak truth to power to launch a political tsunami in the rural areas to match the urban tsunami in the 13GE to save Johor and Malaysia from a global kleptocracy
Posted by Kit in Elections, Najib Razak on Sunday, 6 August 2017
We have with us Tan Sri Muhyiddin Yassin, who was Deputy Prime Minister until some two years ago when he was sacked from the Cabinet and Government by the Prime Minister, Datuk Seri Najib Razak.
What was Muhyiddin’s crime or great and unforgivable mistake?
Was Muhyiddin guilty of grand corruption causing Malaysia to be known overnight as a global kleptocracy, which I had defined in Parliament to BN Ministers and MPs as a government of three Ps – Pencuri, Perompak and Penyamun?
Tun Dr. Mahathir Mohamad had added a fourth P in a global kleptocracy – Penyangak!
No!
Was Muhyiddin sacked as Deputy Prime Minister because he had told lies or had abused his powers as DPM?
No! No!
Muhyiddin was not sacked for any corruption, crime, wrong or mistake but because he was too honest and too principled in speaking truth to power to save Johor and Malaysia from a global kleptocracy.
Muhyiddin was not prepared to shut his eyes, close his ears and seal his lips over the largest financial scandal in the nation’s history, the international multi-billion dollar 1MDB money-laundering scandal, which had made Malaysia overnight into a global kleptocracy!
I call on voters in Pagoh and all the rural areas in Malaysia to emulate the example of Muhyiddin to speak the truth to power and to launch a political tsunami in the rural areas to match the urban tsunami in the 13GE to save Johor and Malaysia from a global kleptocracy. Read the rest of this entry »
Haris Ibrahim and other political activists invited to work with Pakatan Harapan secretariat to prepare the Pakatan Harapan reform agenda to save Malaysia
Posted by Kit in Elections, Mahathir, Najib Razak, Pakatan Harapan on Sunday, 6 August 2017
Haris Ibrahim, a political activist, told Free Malaysia Today news portal today his concern that the reform agenda of the opposition may be set back if PPBM chairman Tun Dr. Mahathir Mohamad is chosen as prime minister in the event that Pakatan Harapan wins the coming general election.
Haris Ibrahim, a longtime advocate of political reform, said it was becoming more and more likely that Mahathir would be prime minister again should Barisan Nasional be toppled.
He was commenting on a recent assessment of Malaysia’s political situation by Global Risk Insights, a publication for political risk news and analysis founded at the London School of Economics.
According to the assessment, Mahathir’s leadership of Pakatan and the fallout from the 1MDB affair could turn the tide against BN in the 14th general election. Read the rest of this entry »
14th General Election is around the corner and UMNO faces the possibility of historic triple losses in next polls
The 14th General Election is around the corner.
Deputy Prime Minister, Datuk Seri Zahid Hamidi, let slip this possibility when he spoke at the Merbok UMNO AGM in Sungai Petani last night and continued the Zahid-Mahathir spat started by the Deputy Prime Minister striking the first blow by taking a dig at the 92-year-old’s Indian heritage.
Zahid told.Umno Merbok to hold on to the Merbok parliamentary and Tanjung Dawai state seats and reclaim the Bukit Selambau state seat if they wished to enjoy rewards.
He said: “I have heard requests for allocations for a hostel, canteen and water pipe upgrade here. I promise to return in six months with gifts if you can retain Merbok and Tanjung Dawai and take back Bukit Selambau.
“In GE11, we made a clean sweep of all three but in GE12, we lost all three seats and the state of Kedah along with that. Don’t let it happen again.”
This would mean that the 14th General Election would be all over in six months’ time, pointing to general polls this year rather than next year. Read the rest of this entry »
Why have Speaker Pandikar and Minister Azalina failed to provide MPs with the opportunity to review the Speaker’s rulings which denied MPs the right to hold the Executive to account on the 1MDB scandal?
Posted by Kit in Corruption, Financial Scandals, Najib Razak, Parliament on Friday, 4 August 2017
Speaker Tan Sri Pandikar Amin Mulia broke the Speaker’s gavel at a time when he was mightily displeased that his decisions are being challenged in court.
But is the Speaker aware that conscientious and hard-working Members of Parliament are mightily displeased with his many 1MDB-related decisions, such as rejecting questions on the 1MDB scandal by over 30 Members of Parliament in the current parliamentary meeting, and virtually banning 1MDB from being debated in Parliament, with no meaningful recourse to the Standing Orders to review the Speaker’s ruling?
The Minister in the Prime Minister’s Deparment in charge of Parliamentary Affairs, Datuk Azalina Othman Said said Pakatan Harapan MP for PJ Selatan, Hee Loy Sien, had undermined Parliament’s independence and sullied Parliament’s good name when he sued Parliament Speaker Tan Sri Pandikar Amin Mulia.
Azalina cannot be more wrong.
I fully endorse Loy Sien’s legal action and the statement by the Pakatan Harapan MP for Padang Serai, N. Surendran who, together with Latheefa Koya act as Loy Sien’s lawyers, said that the suit against the Parliament Speaker was intended to uphold the dignity and role of Parliament to be the scrutineer of the actions of the Executive.
Loy Sien’s legal recourse is in fact a reflection of Azalina’s failure to uphold the parliamentary conventions in keeping with a first-world Parliament, where Parliament has not lost the powers and the independence intended by the Constitution and the doctrine of separation of powers among the Executive, the Legislature and the Judiciary.
Read the rest of this entry »
Raus is the only person today who can save the country from an ugly constitutional crisis
Posted by Kit in Constitution, Judiciary on Friday, 4 August 2017
Will today, August 4, 2017, go down in Malaysian history as one of the nation’s black days of infamy when the country fell into the pit of a major constitutional crisis testing the Merdeka Constitution 1957 and Malaysia Agreement 1963 as to whether the nation can remain true to the basic principles of nation-building spelt out in the Merdeka Proclamation 1957 and Malaysia Proclamation 1963?
Two days ago, Pakatan Harapan leaders led by Tun Dr. Mahathir Mohamad (Bersatu), Datuk Seri Dr. Wan Azizah Wan Ismail (PKR), Mujahid Yusuf Rawa (AMANAH) and myself (DAP) petitioned the Yang Di Pertuan Agong Sultan Muhammad V to refer the government’s decision to extend the tenures of the two top judicial posts, the Chief Justice and the Court of Appeal President, to the Federal Court.
Article 130 of the Malaysian Constitution on “Advisory jurisdiction of Federal Court” states:
“130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”
The tenure of Tan Sri Raus Sharif as Chief Justice ended yesterday while the tenure of Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President ends on Sept. 27. Read the rest of this entry »
Will Cabinet tomorrow ask Zahid to reaffirm his oath to “preserve, protect and defend” the Constitution, including Article 4 on Malaysian Constitution as the supreme law of Malaysia?
Posted by Kit in Constitution, Zahid on Thursday, 3 August 2017
Will the Cabinet tomorrow ask the Deputy Prime Minister, Datuk Seri Zahid Hamidi to reaffirm his oaths as Deputy Prime Minister and Member of Parliament to “preserve, protect and defend” the Constitution, including Article 4 on the Malaysian Constitution as the supreme law of Malaysia?
In response to the Court of Appeal ruling that a child conceived out of wedlock can take his or her father’s surname, and that the edict on this by the National Fatwa Committee does not have the force of law, the call by Zahid for Muslim unity to oppose anyone challenging decisions by the National Fatwa Committee is contrary to what Zahid had sworn in his oaths of office as DPM and MP to “preserve, protect and defend” the Constitution.
Zahid is not only challenging the authority of the civil courts to make decisions affecting the life and liberty of Malaysians, but dishonouring his oaths as Deputy Prime Minister and Member of Parliament to “preserve, protect and defend” the Malaysian Constitution.
The Cabinet tomorrow should ask Zahid to retract his statement which challenges Article 4 of the Malaysian Constitution declaring unequivocally that the Constitution is the “supreme law” in Malaysia. Read the rest of this entry »
The 1MDB-IPIC London arbitration “settlement” is a financial scam against the people of Malaysia – why did Speaker Pandikar become part of it by refusing a parliamentary debate on it?
Posted by Kit in Corruption, Financial Scandals, Najib Razak, Parliament on Thursday, 3 August 2017
The Prime Minister, Datuk Seri Najib Razak said yesterday that 1MDB is able to pay Abu Dhabi’s International Petroleum Investment Co (IPIC) the US$602.5 million as part of a settlement struck in April, giving an assurance that 1MDB was facing a “technical matter” and not a question of being unable to pay (IPIC).
The DAP MP for Segambut, Lim Lip Eng’s emergency motion today under Standing Order 18(1) on 1MDB’s failure to meet the deadline to pay IPIC was rejected by the Speaker, Tan Sri Pandikar Amin Mulia, on the ground that the Speaker “difahamkan oleh pihak Kerajaan bahawa 1MDB telah mengambil tindakan seperti yang telah di umumkan pada 1Ogos 2017 berkenaan dengan Pelan Rasionalisasi 1MDB bagi menyelesaikan isu yang dibangkitkan dalam usul” Lip Eng.
I rose in Parliament just now and said that the 1MDB-IPIC London arbitration “settlement” is a financial scam against the people of Malaysia and asked why the Speaker wanted to be part of this financial scam to deceive Parliament and the people of Malaysia by rejecting a parliamentary debate on it.
The 1MDB failure to pay IPIC has been attributed to misappropriation of 1MDB fund or being symptomatic of “bad financial planning”.
I think it is more serious, as the whole so-called 1MDB-IPIC arbitration settlement is a financial scam against the interests of Malaysian taxpayers.
The second Finance Minister, Datuk Johari Abdul Ghani is on record as saying that he had studied the documents of the 1MDB-IPIC dispute and he was confident that 1MDB would win the case in going for London arbitration.
Why then did the Ministry of Finance and 1MDB ended up “surrendering” to IPIC claims in toto in reaching the 1MDB-IPIC London arbitration “settlement” where 1MDB had to pay IPIC twice, and now we have the new problem of 1MDB unable to meet the deadline for the a first payment? Read the rest of this entry »
If Raus and Zulkefli are not prepared to decline the unconstitutional extension of tenure of the two top judicial posts, they should at least do two things: await Federal Court decision and announce their recusal from all cases where Najib is involved
Yesterday, Pakatan Harapan leaders led by Tun Dr. Mahathir Mohamad (Bersatu), Datuk Seri Dr. Wan Azizah Wan Ismail (PKR), Mujahid Yusuf Rawa (AMANAH) and myself (DAP) petitioned the Yang Di Pertuan Agong Sultan Muhammad V to refer the government’s decision to extend the tenures of the two top judicial posts, the Chief Justice and the Court of Appeal President, to the Federal Court.
Article 130 of the Malaysian Constitution on “Advisory jurisdiction of Federal Court” states:
“130. The Yang di-Pertuan Agong may refer to the Federal Court for its opinion any question as to the effect of any provision of this Constitution which has arisen or appears to him likely to arise, and the Federal Court shall pronounce in open court its opinion on any question so referred to it.”
The tenure of Tan Sri Raus Sharif as Chief Justice ends today while tenure of Tan Sri Zulkefli Ahmad Makinudin as Court of Appeal President ends on Sept. 27.
Tomorrow may therefore see the country plunged into a new constitutional crisis. Read the rest of this entry »
Was Dzulkifli given two specific tasks on his appointment as MACC Chief – don’t allow any investigation affecting Najib’s political survival and free mandate to abuse the MACC to hound the Opposition?
Posted by Kit in Corruption, Financial Scandals, Najib Razak on Wednesday, 2 August 2017
Datuk Dzulkifli Ahmad thanked the heavens for having completed his first year as Malaysian Anti-Corruption Commission Chief Commissioner.
He said yesterday: “Alhandulillah, I survived.”
In his first year as MACC Chief Commissioner, the MACC had admittedly been very active when compared to previous chiefs whether of MACC or its predecessor, the Anti-Corruption Agency, in pursuing actions against corruption and the corrupt except in the biggest case of kleptocracy not only in Malaysia but in the world – the international multi-billion dollar 1MDB money-laundering scandal, which had even transformed Malaysia overnight into a global kleptocracy!
In fact, when on January 26, 2016 the Attorney-General Tan Sri Mohamad Apandi Ali cleared the Prime Minister, Datuk Seri Najib Abdul Razak of any wrongdoing on the RM2.6 billion found in the latter’s personal bank accounts, Dzulkifli was seated next to the chief prosecutor during the press conference, in his capacity as director of the Attorney-General’s National Revenue Recovery Enforcement Team.
It is clear that Dzulkifli had played a major role in the Attorney-General’s decision that Najib had not committed any wrongdoing on the RM2.6 billion “donation” in the Prime Minister’s personal bank accounts.
Dzulkifli should explain whether his appointment as Chief Commissioner of MACC came with two specific tasks – firstly, not to allow any investigation affecting Najib’s political survival, in particular the 1MDB scandal, and secondly, a free mandate to abuse the MACC to hound the Opposition? Read the rest of this entry »
Parliament Speaker Pandikar should take a cue from the AG’s refusal to send lawyers to US to observe the US DOJ’s civil forfeiture suits of 1MDB-linked assets to revoke his ridiculous ruling banning MPs from asking questions or debating the 1MDB scandal in Parliament
Posted by Kit in Corruption, Financial Scandals, Najib Razak on Wednesday, 2 August 2017
The Parliament Speaker, Tan Sri Pandikar Amin Mulia should take a cue from the Attorney-General, Tan Sri Mohamad Apandi Ali’s refusal to send lawyers to the United States to intervene or observe the United States Department of Justice (DOJ) civil forfeiture of US$1.7 billion 1MDB-linked assets to revoke his ridiculous ruling banning Members of Parliament from asking questions or debating the 1MDB scandal in Parliament.
It is ridiculous for the Attorney-General to adopt the stance that the US DOJ forfeiture suits were unfounded, misconceived and baseless as there is no evidence that any 1MDB funds had been misappropriated or money-laundered, while on the other hand the Speaker of Parliament adopted the equally ludicrous stance that he has “extra-territorial” powers under the sub judice rule to protect the integrity, independence and impartiality of the American system of justice while completely impotent to protect the integrity, independence and impartiality of the Malaysian system of justice!
I had last week challenged Speaker Pandikar to cite an instance from another Commonwealth Parliament where the Speaker used sub judice rule to stop parliamentary question, debate or scrutiny of a local financial scandal because of court proceeding in another country but the Speaker has not been able to cite an instance so far and must be busy looking for such a precedent in another Commonwealth Parliament. Read the rest of this entry »
1MDB Misses $603 Million Payment to Abu Dhabi Sovereign Wealth Fund
Posted by Kit in Corruption, Financial Scandals, Najib Razak on Tuesday, 1 August 2017
By Elffie Chew
Bloomberg
August 1, 2017
1Malaysia Development Bhd. failed to make a $603 million payment to Abu Dhabi’s sovereign wealth fund as part of a settlement over a debt dispute, according to a person with knowledge of the matter.
International Petroleum Investment Co. is expected to make an announcement in London on Tuesday, said the person who asked not to be identified as the information isn’t public yet.
The obligation, which was due on July 31, is half the amount 1MDB and the Malaysian finance ministry agreed to make to IPIC, with a second payment by the end of 2017. 1MDB and the Ministry of Finance didn’t immediately respond to emails seeking comment on the non-payment. Read the rest of this entry »
Utterly shameful and disgraceful when we should be focused on how to achieve the lost Malaysian dream to be a world-class nation, we are caught in ugly dogfight insulting each other’s lineage and heritage
Posted by Kit in nation building on Tuesday, 1 August 2017
Today is August 1, 2017 – the 30th Day Countdown to the 60th National Day Anniversary to celebrate the nation’s attainment of Merdeka on August 31, 1957.
It is utterly shameful and disgraceful when we should be focused on how to achieve the lost Malaysian dream to be a world-class nation of achievement and excellence in every field of human endeavour, we are instead caught in a ugly dogfight insulting each other’s lineage and heritage.
As if further proof is needed, this is further evidence of how serious things have gone wrong in our six decades of nationhood.
I was in Form III in Batu Pahat High School, and all students were assembled in the school padang to hear the Proclamation of Merdeka read out by the founding Prime Minister, Tunku Abdul Rahman at Merdeka Stadium in Kuala Lumpur, culminating with the chanting of “Merdeka” seven times.
Reading out the Merdeka Proclamation, Tunku Abdul Rahman pledged that the nation “shall be for ever a sovereign democratic and independent State founded upon the principles of liberty and justice and ever seeking the welfare and happiness of its people and the maintenance of a just peace among all nations”.
When the country achieved independent nationhood on August 31, 1957, it heralded the beginning of a new era where all its citizens could dare to dream big dreams to remake the world.
But have we been able to achieve world-class status in every field of human endeavor, whether political, economic, educational, social, environmental or on good governance after sixty years?
Today, we have overnight become a global kleptocracy. Read the rest of this entry »
Height of government irresponsibility and professional negligence not to have legal representation in the US DOJ kleptocratic suits to forfeit US$1.7 billion of 1MDB-linked assets money-laundered from US$4.5 billion through American banks
Posted by Kit in Corruption, Financial Scandals, Najib Razak on Tuesday, 1 August 2017
It is the height of government irresponsibility and professional negligence on the part of the Cabinet and the Attorney-General’s Chambers not to have legal representation in the United States Department of Justice (DOJ) kleptocratic suits to forfeit US$1.7 billion of 1MDB-linked assets in the United States, United Kindom and Switzerland from money-laundering of US$4.5 billion misappropriated from 1MDB.
The answer from the Minister in the Prime Minister’s Department, Datuk Seri Azalina Othman that the Attorney-General’s Chambers has no plans to send lawyers to the US to observe the DOJ’s civil forfeiture suits on 1MDB-linked assets is most shocking indeed.
If the Najib government is consistent, isn’t the Attorney-General’s Chambers seeking an intervention in the US DOJ proceedings to prove that the US DOJ civil forfeiture proceedings are completely misplaced, as both the Malaysian government and the 1MDB had not lost a single sen and that no 1MDB funds had been money-laundered through Americans banks to the tune of US$4.5 billion with US$1.7 billion of 1MDB-linked assets the subject of kleptocratic assets forfeiture proceedings?
Read the rest of this entry »
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